Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

William & Mary Law School

Property Law and Real Estate

Compensation

Articles 1 - 5 of 5

Full-Text Articles in Law

Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker Oct 2014

Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker

Faculty Publications

No abstract provided.


Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington Apr 2004

Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington

William & Mary Law Review

No abstract provided.


The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor Mar 1997

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

William & Mary Law Review

No abstract provided.


Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …


Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures Dec 1972

Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures

William & Mary Law Review

No abstract provided.